532.180 Computation of time; extension of
time; date on which information that is hand-delivered or mailed is deemed
filed; electronic transmission of information not accepted without prior
written approval.

NAC 532.010Definitions. (NRS 532.120)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 532.020 to 532.160,
inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.020“Alternative penalty” defined. (NRS 532.120)“Alternative
penalty” means a settlement proposal submitted by a respondent that, if
approved by the Division, ends an enforcement action upon satisfaction of the
penalty proposed.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.030“Division” defined. (NRS 532.120)“Division”
means the Division of Water Resources of the State Department of Conservation
and Natural Resources.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.040“Economic benefit” defined. (NRS 532.120)“Economic
benefit” means any benefit actually or potentially realized or a cost avoided
by a person because of a violation.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.050“Enforcement action” defined. (NRS 532.120)“Enforcement
action” means a finding of alleged violation, a violation order or injunctive
relief, or any combination thereof.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.060“Enforcement cost” defined. (NRS 532.120)“Enforcement
cost” means an amount of money imposed by the State Engineer pursuant to NRS 533.481, 534.193, 535.200 or 536.200 for any costs of a
proceeding, including investigative costs and attorney’s fees, incurred by the
Division in investigating and stopping a violation.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.070“Finding of alleged violation” defined. (NRS 532.120)“Finding
of alleged violation” means a notice of an alleged violation sent by the
Division to a person which cites the requirement allegedly violated by the
person.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.080“Hearing to show cause” defined. (NRS 532.120)“Hearing
to show cause” means a hearing between a respondent and the Division to
determine the manner in which the respondent acted upon a finding of alleged
violation or a violation order issued by the Division to the respondent.

1. Consists entirely of members appointed by
the Director of the State Department of Conservation and Natural Resources who
have knowledge of and experience in the laws and regulations of this State
relating to water; and

2. Is formed to review an appeal of a
penalty assessed for a violation.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.100“Penalty” defined. (NRS 532.120)“Penalty”
means an administrative fine imposed by the State Engineer in response to a
violation pursuant to NRS 533.481,
534.193, 535.200 or 536.200, as appropriate, which may
include a requirement to reimburse enforcement costs pursuant to those sections
and a requirement to replace not more than 200 percent of any water unlawfully
used, wasted or diverted pursuant to NRS
533.481 or 534.193.

2. Any provision of a permit, certificate,
order or decision issued or regulation adopted by the State Engineer; or

3. Any provision for the development and use
of water from a well for domestic purposes pursuant to NRS 534.013 and 534.180.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.130“Respondent” defined. (NRS 532.120)“Respondent”
means any person to whom the Division issues a notice of an enforcement action.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.140“State Engineer” defined. (NRS 532.120)“State
Engineer” has the meaning ascribed to it in NRS 533.015.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.150“Violation” defined. (NRS 532.120)“Violation”
means any act or failure to act which violates a requirement. The term
includes, without limitation:

1. Engaging in any activity that is prohibited
by or not in compliance with a requirement;

2. Engaging in any activity without a
required permit or without approval required to engage in that activity; or

3. The failure to perform a requirement or
the failure to perform a requirement in a timely manner.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.160“Violation order” defined. (NRS 532.120)“Violation
order” means a decision issued by the State Engineer in conjunction with a
finding of alleged violation which sets forth the required actions and periods
of time for the respondent to correct a violation specified in the order.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.180Computation of time; extension of time; date on which information
that is hand-delivered or mailed is deemed filed; electronic transmission of
information not accepted without prior written approval. (NRS 532.120, 533.481, 534.193, 535.200, 536.200)

1. In computing any period of time
prescribed by this chapter, the day of the act from which the designated period
begins is included. The last day of the period so computed is included unless
it is a Saturday, Sunday or legal holiday. If the last day is a Saturday,
Sunday or legal holiday, the period runs until the end of the next day which is
not a Saturday, Sunday or legal holiday. If the period prescribed is less than
7 days, intermediate Saturdays, Sundays or legal holidays are excluded.

2. The State Engineer may extend any time
limit contained in this chapter for good cause. All requests for extensions
must be submitted in writing within the period specified by the State Engineer.

3. Any information which is hand-delivered
to the Division during regular business hours shall be deemed filed on the date
of delivery.

4. Any information deposited in the United
States mail shall be deemed filed on the date of the postmark on the envelope
in which it was mailed, as provided in NRS 238.100.

5. Unless the State Engineer gives prior
written approval, any information transmitted electronically will not be
accepted for filing.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.200Violations: Issuance of warning letter; commencement of
enforcement action; injunctive relief. (NRS 532.120, 533.481, 534.193, 535.200, 536.200)If a
person under the jurisdiction of the Division, including an owner of a well
constructed for the development and use of water for domestic purposes, commits
a violation, the State Engineer may:

1. Issue a warning letter setting forth the
alleged violation and requesting the person to correct the violation;

2. Commence an enforcement action which will
include:

(a) A finding of alleged violation which:

(1) Specifies the requirement allegedly
violated; and

(2) Supports the allegation with facts
determined by the Division; and

(b) A violation order which specifies a reasonable
deadline by which the respondent must:

(1) Comply with the requirements set forth in
the finding of alleged violation;

(2) Submit to the Division a written
mitigation plan approved by the Division setting forth the circumstances under
which the respondent intends to comply with those requirements;

(3) Meet with Division staff to show cause why
the Division should not seek injunctive relief; and

(4) Submit any other information relating to
the violation specified by the Division; or 3. Seek injunctive
relief pursuant to NRS 533.482, 534.195, 535.210 or 536.210, as appropriate.

1. The State Engineer may assess a penalty
not to exceed $10,000 per day for each violation, not including any assessed
enforcement costs or requirement to replace any water.

2. The period for which the State Engineer
may impose an administrative fine pursuant to NRS 533.481, 534.193, 535.200 or 536.200 begins on the first day the
violation occurs and continues to accrue until the day the respondent corrects
the violation. In calculating a period of time pursuant to this subsection, the
State Engineer will not include delays which are not caused by the respondent.

3. In addition to an administrative fine,
the State Engineer may assess enforcement costs and the cost of compliance
inspections as follows:

(a) For enforcement costs, time spent to enforce
actions surrounding the violation by water enforcement staff, supervisors and
the Office of the Attorney General, at the full cost of the hourly rate of each
employee, including, without limitation, salary, benefits, overhead and other
directly related costs.

(b) For compliance inspections, the amount due
based on staff time at the full cost of the hourly rate of the employee,
including, without limitation, salary, benefits, overhead and other directly
related costs.

4. The amount of a penalty assessed pursuant
to this section is based on:

(a) The gravity of the violation, including,
without limitation, any economic injury or impact to other persons;

(b) Whether the respondent made significant
progress toward correcting the violation and attempted to comply with any
applicable orders of the State Engineer;

(c) Any prior violations committed by the
respondent;

(d) The economic benefit, if any, derived by the
respondent from the violation;

(e) In the case of unlawfully using, wasting or
diverting water:

(1) The relative amount of water involved; and

(2) The method used to measure the water in
question; and

(f) Any other relevant facts established at a
hearing to show cause before the State Engineer.

1. In addition to any penalty assessed
pursuant to NAC 532.210, the State Engineer may,
pursuant to NRS 533.481 or 534.193, order the respondent
against whom the penalty is assessed to replace not more than 200 percent of
any water unlawfully used, wasted or diverted.

2. Before ordering a replacement of water,
the State Engineer will consider:

(a) The value or quantity of water unlawfully used,
wasted or diverted, including, without limitation, the cost or difficulty of
replacing the water;

(b) The gravity of the violation, including,
without limitation, any economic injury or impact to other persons;

(c) Whether the respondent attempted to comply with
any applicable orders of the State Engineer; and

(d) The economic benefit, if any, derived by the
respondent from the violation.

1. A person who appears at a hearing to show
cause shall conform to the recognized standards of ethical and courteous
conduct as determined by the Division. All parties to the hearing, their
counsel and the spectators shall conduct themselves in a respectful manner.

2. The Division may take any action which it
determines is necessary to maintain order during a hearing to show cause,
including, without limitation:

(a) Excluding a party or his or her attorney or
authorized representative from the hearing;

(b) Excluding a witness from the hearing; and

(c) Limiting the taking of testimony and
presentation of evidence during the hearing.

1. A respondent may request, in writing, a
hearing before an independent advisory committee within 30 days after the date
the State Engineer imposes a penalty against the respondent.

2. The independent advisory committee shall
schedule a hearing within 30 days after receiving the request, unless the
Division extends the time for good cause.

3. The State Engineer, in conjunction with
the independent advisory committee, will determine the time, date and location
of the hearing and notify the respondent of that fact.

4. The State Engineer will issue a final
decision concerning the appeal within 30 days after the hearing.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.260Proposal
of alternative penalties by respondent. (NRS 532.120, 533.481, 534.193, 535.200, 536.200)At any
time after a violation is committed, the respondent may propose an alternative
penalty for the violation. If it is accepted by the State Engineer, the matter
may be resolved pursuant to the proposal.